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Georgia Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Georgia on
Q: How to contest a lien
A. J. Mitchell
A. J. Mitchell
answered on Apr 23, 2013

Need more information regarding the type of lien, circumstances of filing and date of filing. This is a matter that would be best handled by a contracts, business or real estate attorney.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Does bankruptcy affect child support?
A. J. Mitchell
A. J. Mitchell
answered on Apr 21, 2013

Child support and alimony are not dischargeable through bankruptcy.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Someone filed bankruptcy on a loan i did
Paula  McGill
Paula McGill
answered on Nov 9, 2012

What is the question? Is it a Chapter 7 or 13? Does the person have assets that will allow you to get even pennies on the dollar? For the larger creditors, are they objecting to the bankruptcy? Depending on the size of the debt, you might want to take the time to go to the creditors'... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: Does the state laws govern disposition of real estate in bankruptcy court?
Andrew Bresalier
Andrew Bresalier
answered on Aug 20, 2012

To a large degree it does. However, if there is no equity, generally the Trustee will have little interest.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Does a Consent Order on a Motion For Relief of Stay in a Chapter 13 Bankruptcy actually terminate the stay?

If I agree to a Consent Order, and bring the account current, will the stay remain in effect after the the account is current? Will the Movant be authorized to take possession of collateral?

Andrew Bresalier
Andrew Bresalier
answered on Aug 17, 2012

A Consent to Motion for Relief of Stay, will waive the Stay for that Creditor alone. Then he will he will still have to proceed with repo if it is a car, or foreclosure if real property. You still have the right to fight the foreclosure, which could potentially give you months to years, but be... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: How do I get myself added to the list of creditors for a company in Chapter 11?
Andrew Bresalier
Andrew Bresalier
answered on Aug 3, 2012

File a Proof of Claim. However, if it is beyond the Claim period, there is a strong chance that your Claim will be objected to.

1 Answer | Asked in Bankruptcy for Georgia on
Q: I just found out that my ex husband declared bankruptcy? How will that affect my alimony?

I was awarded lifetime alimony in the state of S.C. in 2004. It is administered by the state of S.C. I currently live in GA. My ex lives in VA. He filed bankruptcy recently. He owes the state of S.C. for 2 months back alimony. How will this affect me?

Andrew Bresalier
Andrew Bresalier
answered on May 30, 2012

Per Bky Rule 523(a)(5, 15 & 18) you will not be affected. You cannot Discharge Alimony or Child Support.

1 Answer | Asked in Bankruptcy for Georgia on
Q: I filed ch 13 last year and it was dismissed and then again in March this year. I filed again on June 6 and on June 7 th

The bank foreclosed anyway saying that since I filed three times within a year I lose, is that right?

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2012

When a case is dismissed, it is generally with prejudice, meaning you cannot file again for 180 days (6 months). However, if it is to save your home, you could Motion the court to reinstate. This would require that you bring the payments due under the plan, up to date.

1 Answer | Asked in Bankruptcy for Georgia on
Q: How do I respond in writing to a Motion from a Debtor to Avoid Judicial Lien pursuant to 11 U.S.C. section 522(f)(1)?

I as the creditor(Respondent) obtained judgement in magistrate court of Gwinnett county for alomost $2,000.00 however the Debtor(Movant) filed chapter 7 with The U.S.B.C. for The Northern District of Georgia Atlanta Division and now I am to respond to a Notice Of Requirement Of Response To Motion... View More

Andrew Bresalier
Andrew Bresalier
answered on Jan 13, 2012

Unless the underlying judgment was granted as a result of Fraud, DUI or Domestic Support, an object will not be granted. If you have one of these reasons, then clearly state it in a written objection, listing the case info at the top, then the reason, certify that you sent a copy to opposing... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: Does an attorney need to file an objection to discharge in chapt 7
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

A Natural Person (vs. a business entity) can represent themself in court; however, bankruptcy is a very complicated area of law, involving a combination of Federal Procedures and State Laws. So, an attorney is recommended, though not required.

1 Answer | Asked in Bankruptcy for Georgia on
Q: I AM 78 YEARS OLD, I NEED A [EMPLOYEE INCOME RECORDS[PAYMENT ADVICES] FORM. wHERE CAN i GET IT?
Andrew Bresalier
Andrew Bresalier
answered on Dec 1, 2011

It should be available at the website for your court and or the Trustee.

1 Answer | Asked in Bankruptcy for Georgia on
Q: How do i get a copy of my bankruptcy file when the lawyer will not help me on getting it
Andrew Bresalier
Andrew Bresalier
answered on Nov 10, 2011

Sign up for PACER. The service is free, as long as you use less than $10 per calendar quarter. You must know the specific District Court where the case was filed and use the service for that District.

1 Answer | Asked in Bankruptcy for Georgia on
Q: If i file bankrupt what will happen to a judgement against me
Andrew Bresalier
Andrew Bresalier
answered on Nov 8, 2011

If the Judgment was for a unsecured and priority claim it will be discharged. If secured the collateralized item will be lost. If priority the claim will survive the bankruptcy. If you owned homestead real estate, you are keeping it and the judgment was not related to the property, you should do... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: Can a Bank creditor win jugement against me if I have no job and no unemployment and my only asset is my home?
Andrew Bresalier
Andrew Bresalier
answered on Nov 8, 2011

Yes, however the issue will then be if they can collect.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Whats a movant?
Kevin M Ryan
Kevin M Ryan
answered on Dec 19, 2010

A "movant" is the individual or entity who/that files a motion

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